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Landlord moving in, tenancy rights

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    #32
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    4ensic15 wrote: »
    The Act provides that if a fixed term expires, no new fixed term is entered into, and the tenant remains, then a month to month letting starts.
    Since the landlord cannot issue a notice during the six month period (per the PRTB) a month to month letting with part 4 rights has started even if he gives notice the day after the lease expires.
    That is the way the legislation is working at the moment.


    The landlord could inform the tenant, prior to the expiry of the six month period, that they will not be agreeing to any request to extend the tenancy and to remain in the premises after the fixed term expires.

    Its not exactly notice but has same effect.


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    #33
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Deleted User wrote: »
    The landlord could inform the tenant, prior to the expiry of the six month period, that they will not be agreeing to any request to extend the tenancy and to remain in the premises after the fixed term expires.

    Its not exactly notice but has same effect.

    A tenancy can only be terminated by the method set out in the Residential tenancies Act. If the tenant does not leave the landlord would not be able to rely on the previous oral statement that he did not intend to renew. Notice of termination must be in writing. A landlord who enters into a six moth tenancy is an eejit.


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